====== Dispute ======

[[public:99_annexes:annex-b-terms-and-definitions:start|Go up to Terms and Definitions]]

===== Discussion =====

A Dispute is a disagreement among two or more Parties concerning a claim, fact, interpretation, [[public:99_annexes:annex-b-terms-and-definitions:r:right|Right]], [[public:99_annexes:annex-b-terms-and-definitions:o:obligation|Obligation]], performance, calculation, status, or other matter.

A Dispute may concern:

  * The interpretation of an [[public:99_annexes:annex-b-terms-and-definitions:a:agreement|Agreement]] or Agreement Term
  * The existence or scope of a Right or Obligation
  * Whether a Party performed an Obligation
  * The amount, timing, or method of a payment
  * A valuation, calculation, classification, or determination
  * Whether a default, breach, termination, or other event occurred
  * The accuracy or completeness of information
  * The legal status, validity, or enforceability of an Agreement

A Dispute may be addressed through negotiation, escalation, mediation, arbitration, adjudication, or another dispute-resolution process.

The existence of a Dispute does not by itself determine which Party is correct. It also does not necessarily suspend, terminate, invalidate, or otherwise change the lifecycle state of the Agreement.

===== Definition =====

> //disagreement among two or more [[public:99_annexes:annex-b-terms-and-definitions:p:party|parties]] concerning a claim, fact, interpretation, [[public:99_annexes:annex-b-terms-and-definitions:r:right|right]], [[public:99_annexes:annex-b-terms-and-definitions:o:obligation|obligation]], performance, or other matter//

===== Source =====

Adapted from:

  * [[https://www.law.cornell.edu/wex/dispute|Cornell Law School Legal Information Institute: Dispute]]
  * [[https://www.law.cornell.edu/wex/adjudication|Cornell Law School Legal Information Institute: Adjudication]]
  * [[https://spec.edmcouncil.org/fibo/ontology/FND/Agreements/Contracts/|Financial Industry Business Ontology, Contracts Ontology]]

===== Note =====

  * A Dispute must involve at least two positions concerning a specified matter
  * A Dispute should identify the Parties involved
  * A Dispute should identify the matter being disputed
  * A Dispute may concern all or part of an Agreement
  * A Dispute may concern a Transaction governed by an Agreement
  * A Dispute may exist without initiating a formal legal proceeding
  * A claim or allegation does not establish the correctness of the asserted position
  * The existence of a Dispute does not by itself establish a breach or default
  * The existence of a Dispute does not by itself change the Agreement Lifecycle State
  * A Dispute may be open, stayed, resolved, withdrawn, dismissed, or superseded
  * A resolution may result from agreement among the Parties or from a Legal Determination
  * Evidence and provenance associated with the Dispute and its resolution should be preserved

===== Example =====

Party A calculates that Party B owes USD 1,000,000 under an Agreement. Party B calculates that the amount owed is USD 900,000.

The Parties have a Dispute concerning the calculation and amount of the Obligation.

The Agreement may remain effective while the Parties resolve the Dispute. A negotiated settlement, arbitral award, or court decision may resolve the Dispute.

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